A business disputes specialist, Catherine is a trusted advisor to businesses and individuals in obtaining successful outcomes.

Businesses rely on Catherine as a trusted advisor as well as lawyer in guiding them through complex litigation and disputes. This trusting relationship developed with her clients sees Catherine as an in-demand lawyer who understands the commercial realities of being involved in a dispute.

Working across a number of industries, Catherine specialises in business disputes, including defamation, contractual disputes, and trusts disputes. She is a versatile litigator adept at handling any challenge and is well respected for her ability to work across a number of areas and industries.

Client focused and a regular author and presenter, Catherine regularly advises on defamation, partnership, shareholder and contractual disputes, misleading and deceptive conduct claims, compulsory acquisition, PPSR, and reinstatement of companies. She regularly works with Counsel and appears on behalf of clients in proceedings in all Victorian State and Federal Courts.

Catherine has been interviewed on ABC Radio National and has been published by publications such as Smart Company, Industry Insider Magazine, Association of Corporate Counsel and Australia Property Journal.

Key matters:

  • Providing advice regarding submissions to Banking Royal Commission.
  • Successfully negotiating a settlement for an executive against a large multinational company.
  • Acting for a family defamed by a newspaper (in print and online) to obtain a successful settlement offer and public apology from the newspaper.
  • Acting for well-known companies in disputes with their franchisees and negotiating successful outcomes for the franchisors.
  • Successfully acting in a commercial arbitration regarding grain trade.
  • Acting for a defendant in a large misleading and deceptive conduct claim after a sale of business – winning the Court proceedings.
  • Acting in a number of significant partnership disputes and negotiating a successful outcome for the client in each case.
  • Advising and guiding various business people through personal insolvency and coming to very favourable arrangements with creditors.
  • Acting for liquidators in many public examinations of high profile company directors.
  • Strategically prosecuting and defending unfair preference claims.

Areas of Expertise

Key focus areas:

Commercial Litigation

  • Partnership and shareholder disputes
  • Contractual disputes
  • Defamation
  • Franchising disputes
  • Misleading and deceptive conduct claims
  • Banking and finance disputes, inc debt recovery
  • Property and planning disputes
  • Compulsory acquisition
  • Debt collection
  • PPSR advice and litigation
  • Trust disputes
  • Reinstatement of companies
  • Commercial arbitration

Insolvency and Reconstruction

  • Public examinations
  • Unfair preference claims
  • Uncommercial transaction claims
  • Insolvent trading claims, inc ASIC and ASFA notifications
  • Breach of directors duties
  • Director penalty notices.
  • Bankruptcy advice (trustees, creditors and bankrupts).
  • Bankruptcy disputes, including petition and sale of assets.
  • Advising creditors, directors and shareholders in relation to the insolvency process including attending creditors meetings, proofs of debt, advising regarding potential liability and any potential claims.
  • Personal reconstruction, including personal insolvency agreements.
  • Company reconstruction, including deeds of company arrangement.
  • Advising liquidators in relation to all aspects of liquidations including potential claims, the Personal Property and Securities Act and whether to admit proofs of debt.

Recent Articles by Catherine Ballantyne

Power of Attorney – what to do if the position is being abused

As Australia’s aging population continues to rapidly expand, more and more people are asking their loved ones to be their Power of Attorney when they are incapable of managing their own affairs. By and large this arrangement works and is...
25 May, 2019

Oppression of a minority shareholder – a common dispute

If directors and majority shareholders of a company are conducting themselves in a manner that oppresses minority shareholders, the minority shareholders may have a claim against them.
25 May, 2019

Five things you need to know about challenging or contesting a will

Contesting a will is an emotionally challenging decision that regularly involves disputes with a loved one. To try and minimise distress and ensure a smooth process, it is important to ensure that you make the correct claim within the required...
25 May, 2019